The braking system on cars or commercial trucks plays a critical role in the safety of all motorists. Without proper maintenance or manufacturing, braking systems may experience malfunctions and defects, just like any other mechanical system. Brake failure may cause drivers to lose control of their vehicles and end up causing accidents with other vehicles, pedestrians, and nearby stationary objects.
Brake failures in trucks contribute to critical collisions on the road. According to the Federal Motor Carrier Safety Administration, 29 % of critical large truck accidents involved vehicle system failures, such as brake failures and other serious brake-related issues.
If you were involved in an auto accident caused by a brake failure, a Mount Pleasant accident caused by brake problems attorney can help you defend your rights and pursue the compensation you need to recover from your losses. We can help recover damages for:
- Medical bills and expenses
- Lost wages
- Pain and suffering
Contact our legal team at George Sink, P.A. Injury Lawyers for a free case review.
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Understanding the Common Causes of Brake-Related Accidents
Brake problems that cause car accidents can be prevented with proper care and maintenance. Trucking companies, maintenance companies, truck manufacturers, and drivers have a legal duty to ensure that the brakes of the commercial trucks are operational and that the truck is safe for driving on the roadways.
Worn brake pads can prevent a truck from slowing down on slippery roads, in downhill conditions, or in traffic causing an accident. Additionally, a truck could be carelessly overloaded or improperly loaded. This, in turn, puts too much stress on the braking system and might cause it to fail. According to the S.C. Ann. § 56-5-4010, drivers must abide by the size and weight limits of their vehicles and their vehicles must meet braking requirements to ensure safety on the road.
In some cases, an investigation may establish that the brakes were faulty or defective. If the manufacturer or the mechanic installed defective, flawed, or faulty brakes that caused an accident, the victim may file a claim against the manufacturer under product liability.
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Our Team May Help You Identify Liability in Brake Failure Accidents
Braking technologies, such as dynamic brake support (DBS) and crash imminent braking (CIB), are helpful in warning drivers of an imminent collision so that they can take control of the vehicle and try to avoid a potential crash. Even though there are significant advancements in braking technologies, brake-related accidents are still prevalent issues, often caused by faulty, malfunctioning, or delayed braking.
If you were involved in an accident where your car brakes failed, and you crashed with another vehicle, you may not be liable to pay for the damages. However, this may only happen if you can prove that the accident was caused by brake failure, poor maintenance, or a manufacturing defect.
Proving liability in a car crash caused by faulty brakes can be a difficult task. The maintenance worker who last worked on the brake system may be held liable for faulty brakes. If you or the vehicle owner were aware of the impending brake failure, you may be considered negligent and hold liability for the accident. Liability will fall on whoever showed some level of negligence that resulted in the manufacturing defect of the brake system.
An accident caused by brake problems lawyer in Mount Pleasant may review the accident and identify where another party may have been responsible for the brake failure.
South Carolina follows the doctrine of comparative negligence to determine the degree of fault in an accident. This rule states that if you were, in some way, responsible for the accident, your compensation may be reduced by your percentage of fault.
In this case, a Mount Pleasant accident caused by brake problems lawyer may build your case to fight against any fault allegations so that you may receive compensation for your injuries.
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A Mount Pleasant Car Accident Lawyer Can Help You Build a Personal Injury Case
Building a compelling personal injury case may require an investigation to obtain evidence, testimony, and documentation regarding the brake system that caused the accident. Our lawyers may help you obtain relevant evidence, such as:
Maintenance and Brake Inspection Records
These records might help establish that the cause of the accident was preventable. Red flags, such as incomplete records or outdated ones, might show that the company was negligent in maintaining their trucks and, therefore, posed a risk to other road users.
Pictures of skid marks may be used as evidence for brake failure and may help estimate the time it took for the driver to engage the brakes. Photos of the brake drums or brake shoes might help determine their condition and whether they were worn out or defective.
Testimony From Truck Drivers, Manufacturers, and Mechanics
These parties may give valuable information about the condition of the brakes systems at the time of the truck accident, including how often the truck received maintenance checks and repairs.
Experts may provide testimonies about the accident and discuss whether the accident would have been preventable if proper maintenance or repair of the truck’s brake system had taken place.
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Call George Sink, P.A. Injury Lawyers to Get Help
If you or a loved one was injured in an accident caused by a vehicle’s faulty brakes, you may be able to receive financial compensation through a personal injury claim or lawsuit.
Contact George Sink, P.A. Injury Lawyers for a free case evaluation with one of our team members. A Mount Pleasant accident caused by brake problems lawyer can work on your case to evaluate and investigate the accident. They may collect evidence to support your claim and pursue compensation on your behalf.
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